(See Chapter 7 for how to fire for gross misconduct.) Consciously or subconsciously, the worker facing termination, will often begin offensive behavior to make it more difficult to let her or him go. 3) Let people know you followed the firm's policies and processes. For example, you don't want to mention phrases like, "female problems" or "midlife crisis." This also points to unlawful reasoning for the warnings. Personnel who work an average of fewer than 20 hours a week are also not covered.

By clearly stating your directives when you hire the jobholder, you should be able to reduce the likelihood of dealing with misbehavior. Abuse of business property or cheating on time and payroll records are enough cause for employment termination, especially if it is not the first case. For example, the Older Workforce Benefit Protection Act (OWBPA) covers the benefits you must make workers over age 40 aware of. After you have stated all the problems you had with the jobholder, it is best to provide some advice or encouragement for future endeavors (even if you wouldn't wish the jobholder on your worst enemy). If the company does not have a legal organization, use an independent attorney-at-law. If it becomes a public matter or if the offending photo contains anything that identifies the small business, you're probably in the clear as well. Again, the trigger incident is either a single event of misconduct or a culmination of poor performance. Be sure to include the basic facts leading up to the termination including worker warnings. If you separate both, you would get a illegal dismissal claim for sexual harassment from both women. First, you must ensure that your worker knows what the problem is. It is important that you gather all prior papers on job performance and remedial measures.